We respect intellectual property rights and it is our policy to comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on our Services infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a written or digital DMCA Notice to our Designated DMCA Agent at .
Your DMCA Notice must include the following:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and specifically where it is located on the Service;
Sufficient information for us to contact you such as your address, phone, or email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
PLEASE NOTE: Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
[CB1]The DMCA’s primary protection is a safe harbor from claims of copyright infringement brought against you. If a user posts something to your site, and you get sued for copyright infringement, you will likely be able to avoid liability if you have and follow a DMCA policy. With that said, the risk to you here is very low since users generally cannot post public-facing content to the site.
If you want to ensure you receive DMCA protection, you can follow the steps highlighted in green below. If you want to ignore this, we can delete it. Or, as a middle ground, and as a practical (but not necessarily legal protection), you can keep this policy but not register your agent. That will help you avoid lawsuits, but it wouldn’t necessarily meet the requirements under the DMCA.
(Also – since you have two sets of TOS, I think it would be best to separate this into its own policy. You might place it at docussist.org/copyright-policy.)
For the DMCA to be effective, you must register your contact information with the Copyright Office. It is fairly easy to do this. Go to the first link below, create an account, and designate your company as the agent.
Registration Site: https://www.copyright.gov/dmca-directory/